Hara Sundar Majumdar vs Lahabar Singh

Greaves, J.—In this Rule it appears from the materials before me that the Judge has clearly acted under a misapprehension in disallowing the travelling expenses of the witnesses. He states that it is the practice for the parties to pay such expenses. No doubt the party who summons a witness pays his expenses in the first instance. But, clearly, if he is successful, he is entitled as against the unsuccessful party against whom costs are awarded to recover all proper expenses including travelling expenses, incurred by summons of the witness and paid in the first instance by the successful party.

The Rule is accordingly made absolute and the Judge will allow the travelling expenses of the witnesses properly incurred.

I make no order as to costs of this Rule.